ASAP
Washington State to Require Unpaid Leave and Safety Accommodations for Victims of a Hate Crime
Effective January 1, 2026, Washington SB 5101 will require employers to provide leave and safety accommodations to employees who are victims of a hate crime or have a family member who is a victim of a hate crime.
Under Washington’s existing Domestic Violence Leave Law,1 which applies to all Washington employers with one or more employees, an employee who is a victim or a family member2 of a victim of domestic violence, sexual assault, or stalking may take a reasonable amount of unpaid leave from work for reasons such as seeking legal or law enforcement assistance, treatment or counseling for physical or mental injuries, or social services. Absent undue hardship, employers must also provide reasonable safety accommodations, which may include a transfer, reassignment, modified work schedules, changes to a work telephone number or email address, and other adjustments.3 The law also includes protection from discrimination and retaliation relating to actual or perceived victim status and the exercise of rights to leave and accommodation.
Beginning January 1, 2026, the law will cover victims of a hate crime, which is defined as the commission, attempted commission, or alleged commission of (1) assault, (2) physical damage to or destruction of property, or (3) threats to a specific person or group of persons that place such person(s) in reasonable fear of harm to person or property where the act is committed based on actual or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability.4 For purposes of leave and accommodation, “hate crime” will explicitly include offenses that are committed through online or internet-based communication.5
The amendment will also effectively expand the reasons for which employees may use paid sick leave under the Washington Minimum Wage Act, which permits use of paid sick leave for absences that qualify for leave under the Domestic Violence Leave Law. However, it is not clear that the same will be true for municipal paid sick leave laws in Seattle, Tacoma, and SeaTac, which explicitly permit use of paid sick leave for reasons related to domestic violence, sexual assault, or stalking.6
Recommendations for Employers
Washington employers should review their existing policies on domestic violence leave and accommodations to incorporate victims of a hate crime by the January 1, 2026 effective date. Employers should also review and, if necessary, revise paid sick leave policies to comply with the Washington Minimum Wage Act to include the use of paid sick leave for absences that qualify under the expanded Domestic Violence Leave Law.
